In Texas v. Johnson, the Supreme Court held that burning the American flag is protected as symbolic speech under which amendment?

• A. First Amendment
• B. Second Amendment
• C. Fourth Amendment
• D. Sixth Amendment

Answer: (A)

Symbolic speech is protected by the First Amendment. In Texas v. Johnson, the Supreme Court ruled that burning the American flag as a form of political protest is protected expressive conduct, so laws banning flag desecration violate the First Amendment because they suppress a specific way of communicating a message. The decision rests on the idea that the government cannot punish expression simply because it disagrees with the message or finds it offensive, as long as the act is intended to convey a political viewpoint. The other amendments address different rights—like bearing arms, protection against unreasonable searches, and the right to counsel—which don’t govern expressive conduct or flag desecration, so they aren’t the basis for this ruling.